Ordinance 2010-17 STATE OF ILLINOIS )
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COUNTY OF KENDALL ) 2 C4 10 0 0 0 O d . 919 .. .71 A
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RECORDED: 6/8/2010 1:15 Phi
ORDI: 49.00 RHSPS FEE: 10.00
GAGES: 4
Ordinance No. 2010 - �
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING A VARIANCE FOR YORKVILLE HOSPITALITY, LLC
AT 310 E. COUNTRYSIDE PARKWAY, YORKVILLE
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WHEREAS, the United City of Yorkville (the "City ") is a duly organized and validly existing
non home -rule municipality created in accordance with the Constitution of the State of Illinois of 1970
and the laws of the State; and,
WHEREAS, under Section 11 -13 -5 of the Illinois Municipal Code (65 ILCS 5/1 -1 -1 et seq.), the
Mayor and City Council, (the "Corporate Authorities ") are authorized to vary the zoning regulations as
applicable to properties within a zoning district; and,
WHEREAS, Yorkville Hospitality, LLC is the owner (the "Owner ") of commerical property
located at 310 E. Countryside Parkway, Yorkville, Illinois identified as permanent index number (PIN)
02 -28- 126 -017; and,
WHEREAS, pursuant to the Zoning Code, the property at 310 E. Countryside Parkway,
Yorkville, Illinois (the "Subject Property "), legally described in Exhibit A, attached and made a part of,
is located in a Service Business (B -3) Zoning District; and,
WHEREAS, the Owner has applied to the Corporate Authorities to grant it relief from Section
8- 11- 9(A)(1) of the City Code of Ordinances (the "City Code "), which requires that free standing signs
be eight(8) feet in height or less, by approving an increase in height of a free standing sign to twelve
(12) feet six (6) inches, and,
WHEREAS, a notice of a public hearing before the Zoning Board of Appeals was published in a
newspaper of general circulation in the City, not more than thirty (30) nor less than fifteen (15) days
prior to the date set for the public hearing; and,
WHEREAS, notice to property owners within 500 feet of the boundaries of the Subject Property
identified for the variance was sent by certified mail; and,
WHEREAS, the Zoning Board of Appeals (the "ZBA ") convened and held a public hearing on
the 7` day of April, 2010, to consider the application for a variance to allow the monument sign to be
twelve (12) feet six (6) inches, a total of thirteen (13) feet above the centerline of the road; and,
WHEREAS, the Zoning Board of Appeals reviewed the standards for a variance as set forth in
Section 10- 14 -5(C) which provide that:
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I. Because of the particular physical surroundings, shape or topographical conditions of the
specific property involved, a particular hardship to the owner would result, as distinguished
from a mere inconvenience, if the strict letter of the regulations was carried out;
2. The conditions upon which the petition for a variation is based are unique to the property for
which the variation is sought and are not applicable, generally, to other property within the
same zoning classification;
3. The alleged difficulty or hardship has not been created by any person presently having an
interest in the property;
4. The granting of the variation will not be detrimental to the public welfare or injurious to
other property or improvements in the neighborhood in which the property is located; and,
5. The proposed variation will not impair an adequate supply of light and air to adjacent
property, or substantially increase the congestion in the public streets, or increase the danger
to the public safety, or substantially diminish or impair property values within the
neighborhood; and,
WHEREAS, upon conclusion of said public hearing, the Zoning Board of Appeals found that
the standards in Section 10- 14 -5(C) of the Zoning Code had not been met and did not recommend
approval of the variance; and,
WHEREAS, the ZBA reviewed the standards set forth in Section 8 -11 -13 of the City Code, and
found that when the standards were applied to the requested variance, approval of the variance would
not substantially alter or reduce such standards; and
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WHEREAS, since the ZBA did not recommend to approval of the application for a variance,
approval of the variance by the City Council requires a two - thirds (2/3) vote pursuant to the City Code;
and
WHEREAS, the City Council, after review of the petition for a variance and the findings of the
ZBA, deemed the twelve (12) feet six (6) inch high free standing sign to be appropriate.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City
of Yorkville, Kendall County, Illinois, as follows:
Section 1. The above recitals are incorporated and made a part of this Ordinance.
Section 2. The Corporate Authorities hereby approve the variance to permit a twelve (12) feet
six (6) inch high free standing sign for the property located at 310 E. Countryside Parkway, Yorkville,
Illinois, identified as permanent index number (PIN) 02 -28- 126 -017.
Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
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Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of , A.D. 2010.
ROBYN SUTCLIFF Y\ DIANE TEELING
ARDEN JOE PLOCHER 1(\ WALLY WERDERICH
GARY GOLINSKI MARTY MUNNS Q„ QS
ROSE SPEARS C GEORGE GILSON, JR.
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Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 670
day of - A 4 l L , A.D. 2010.
MAYOR
0 q T Et C aN OF `1 O R.I-v [ l�LE'
boo C, -�,KE p p-m Rlo ,
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Exhibit A
Leeal Description of Subiect Property
Section 28, Township 37 North, Range 7 East, Lot 2 Countryside Unit 5 Resub Lot 3 City of
Yorkville, Kendall County, Illinois.
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